How to cancel enforcement proceedings

On the basis of article 439 of the Civil procedure code the Executive production may be terminated if the claimant waives his claims and penalties, and also is the conclusion of a settlement agreement between the parties. Keep in mind that if all assigned actions will be stopped and resume again stopped Executive manufacture will be impossible. It is also necessary that the waiver or settlement agreement were adopted and approved by the court. This happens in case if these actions do not violate the rights of third parties, and apply only to parties involved in the dispute.

Also grounds for termination of enforcement proceedings is the death or the disappearance of one of the parties and the absence of the legal successor of such person. Cancellation is possible at the expiration of the penalty prescribed by law, or in case of insufficiency of the material base to cover all claims of the claimant.

Also it is possible to cancel the Executive production, if the defendant had not been provided with a court order and does not know about its existence. In this case, if you are a debtor, you must send to the court the application for issuance of a copy of this order. Together with the application submit an objection to the execution of this document to the judge.

Write a statement about the suspension of the proceedings in the name of the bailiff who filed, and send a registered letter to the bailiffs. Specify that since you were not familiar with the order and production has already entered into force, thus, is a violation of the law, since the beginning of the execution proceedings the court must confirm that the debtor has received a copy of the court order. The basis for this is article 128 of the Civil procedure code of the Russian Federation.